Witness search and legal responsibility: A guide on suchen.expert
On the innovative platform suchen.expert, we offer a unique way to connect witnesses of accidents and other incidents. Whether you have witnessed an incident yourself or are looking for witnesses, you will find the necessary support here. It is essential that witnesses in Germany comply with the applicable legal provisions. In this guide, we highlight some relevant laws and explain the legal responsibilities when using our platform.
Laws relevant for witnesses in Germany
1.1 Failure to provide assistance (Section 323c of the German Criminal Code)
Definition and obligation: Failure to provide assistance is regulated in Section 323c of the German Criminal Code (StGB). It states that anyone who does not provide assistance in the event of an accident or common danger or distress, although this is necessary and reasonable under the circumstances, is liable to prosecution. This includes not only physical assistance, but also providing information or alerting the emergency services.
Practical example: If someone is present at a traffic accident and does not take any action to help the injured or alert the emergency services, this can be considered as failure to provide assistance.
1.2 Obligation to give evidence (Section 52 of the Code of Criminal Procedure)
Principle of the obligation to give evidence: According to Section 52 of the Code of Criminal Procedure, witnesses are generally obliged to give evidence in court if they are able to provide information about the facts of the case being heard. This obligation applies regardless of whether the witness was directly involved at the time of the offence or not.
Duties of the witness: Witnesses must tell the truth and may not make any false statements. The duty to testify also extends to secondary witnesses who, although not directly affected, may be able to provide relevant information.
1.3 Right to refuse to testify (Section 52, Section 53 StPO)
Exceptions to the duty to testify: There are certain groups of people who have the right to refuse to testify. According to §§ 52 and 53 of the Code of Criminal Procedure, close relatives, spouses or persons in a special relationship of trust can withdraw their obligation to testify.
Example: A spouse can decide to refuse to testify in order to protect the relationship of trust.
1.4 Protection of witnesses (§§ 68b, 68c of the Code of Criminal Procedure)
Witness protection measures: Articles 68b and 68c of the Code of Criminal Procedure govern the protection of witnesses, particularly if their testimony could put them at risk. This includes measures such as anonymising their identity, providing secure accommodation or personal security precautions.
Application: Witnesses of serious crimes who could be threatened receive special protection under these provisions to ensure their safety and increase their willingness to testify.
1.5 False testimony and perjury (section 153, section 154 StGB)
Criminal liability for false testimony: Section 153 StGB penalises false testimony in a criminal prosecution, while section 154 StGB makes perjury a criminal offence. False testimony occurs when a witness knowingly provides false information.
Consequences: Witnesses who make false statements risk criminal prosecution, including fines or imprisonment.
1.6 Duty to report (Section 138 StGB)
Duty to report serious crimes: Under Section 138 StGB, there is a duty to report serious crimes that endanger public order. This applies in particular to crimes such as murder, manslaughter or grievous bodily harm.
Example: Anyone who has knowledge of a serious crime must report it to law enforcement authorities in order to help victims and assist with prosecution.
Important notice: This guide provides a general overview of relevant laws and responsibilities. For specific legal questions and individual advice, we recommend consulting a lawyer.
